6/7/2020
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There is nothing in the Standard Terms and Conditions
governing the Employment of Filipino Seafarers On-Board
Ocean-Going Vessels, particularly Section 30, thereof, that
specifically states that traumatic head injury contemplates
accidents involving physical or head contacts. Notably, The
New Britannica-Webster Dictionary & Reference Guide,
Copyright 1988 by Encyclopedia Britannica, Inc. defines
the word injure as '1: an act that damages or hurts:
WRONG 2: hurt, damage, or loss sustained.' Here, said
dictionary does not specifically state that the hurt,
damage, or loss sustained should be physical in nature,
hence, the same may involve mental or emotional hurt,
damage or loss sustained. Further, said dictionary defines
the word trauma as 'a: a bodily injury caused by a physical
force applied from without; b: a disordered psychic or
behavioral state resulting from stress or injury.' From the
above definitions, it is patent that 'traumatic head injury'
does not only involve physical damage but mental or
emotional damage as well. Respondents' argument that
[petitioner's] co-seaman belied the claimed harassment is bereft
of merit. Suffice it to state that [petitioner's] illness occurred
during tlie term of his employment contract with them, hence,
respondents are liable therefor.
The above findings of the NLRC are in recognition of the emotional
turmoil that petitioner experienced in the hands of the less
compassionate German officers. This Court has ruled that
schizophrenia is compensable. In NFD International Manning Agents,
Inc. v. NLRC,[54] the Court went further by saying:
Strict rules of evidence, it must be remembered, are not
applicable in claims for compensation and disability benefits.
Private respondent having substantially established the causative
circumstances leading to his permanent total disability to have
transpired during his employment, we find the NLRC to have
acted in the exercise of its sound discretion in awarding
permanent total disability benefits to private respondent.
Probability and not the ultimate degree of certainty is the test of
proof in compensation proceedings.
The findings of both the Labor Arbiter and the NLRC as well as the records of
the case convince the Court that petitioner's claim is substantiated by
enough evidence to show that his disability is permanent and total. First,
mere is the medical findings of the Philippine General Hospital that petitioner
is down with psychosis; to consider paranoid disorder, making it extremely
difficult for him to return to shipboard action; and second, the findings of
the Social Benefits Division of the Overseas Workers Welfare Administration
through its attending doctor Leonardo Bascar, that petitioner is suffering
from 'schizophrenic form disorder.'
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63469
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